Rental conditions Motorcycles and Scooter

These rental conditions form an integral part of the contract for motorcycle or scooter use between Nguyen y Weinrich S.L. (Rental Company) and the client (renter). Deviating or supplementary agreements, which must be in written form to be legal, are reserved.

2. Rent

a) The exclusive object of the contract with the renter is the temporary letting of the reserved motorcycle or scooter. The motorcycles or scooter are licensed as user-driven rented vehicles.

b) All stated prices are inclusive personal liability. Fuel costs are not included.

c) A security deposit of 300, - Euro until 1.000,- Euro (depend on the model) must be paid upon pick up in cash or by credit card (MasterCard/VISA).

d) Fuel: full at pick up / empty upon return

3. Payment and cancellation are regulated by Nguyen y Weinrich S.L. general terms and conditions of business.

4. Obligations of the renter/driver

The driver has to handle the motorcycle or scooter with care, and in particular, to comply with technical regulations and operating instructions and to ensure road safety. The driver is required to check oil and water levels, tire pressure and drive chain tension at regular intervals throughout the rental period. The driver has to comply with all legal provisions, in particular the road transport laws. He or she is liable for all administrative payments, fines and penalties which are due to his use of the motorcycle or scooter.

In particular, the driver is forbidden from doing the following:

a) Allowing any other persons than those named as authorized drivers on the rental agreement, to drive the motorcycle or scooter. Exception is an additional driver, registered in the contract by the rental company.
b) Allowing a duly authorized rider to drive the motorcycle or scooter if he or she has been forbidden from driving, he or she is not in possession of a valid driving license, or he or she is unfit to drive the motorcycle.
c) Using the motorcycle or scooter if the driver is forbidden from driving or is not in possession of a valid driving license.

d) Using the motorcycle or scooter himself or herself if he or she is unfit to drive.
e) Taking part in motor sport events of any kind, including the associated practice sessions.
f) Using the motorcycle or scooter away from solid road surfaces or on the beach.
g) Manipulating the speedometer in any way. If the speedometer is found to be defective in any way, the company must be notified immediately.
h) Pledging or selling the motorcycle/ scooter or disposing of the motorcycle/scooter or its parts, equipment, accessories and documents in any way that may injure the rights of the company as owner of the motorcycle or scooter, or any other rights that the company may have with respect to the motorcycle or scooter.
i) Parking the motorcycle or scooter in such a way that it is not secured against theft.
j) To take the rented motorcycle or scooter anywhere outside of the territory of Canary Islands. The company has to be notified in advance if it’s planned to take the motorcycle or scooter from La Palma to another Canary Islands and must be authorized in written form by the rental company.

5. Obligations and liability of Nguyen y Weinrich S.L.

Nguyen y Weinrich S.L. delivers the motorcycle or scooter in perfect working order, cleaned, and in an operationally safe and roadworthy condition; the seals attached to various components are undamaged. Also the driver is given the motorcycles or scooter papers and the relevant tools. Nguyen y Weinrich S.L. will only recognize pre-existing damage if this has been recorded in written form in the rental agreement prior to delivery and must be confirmed with signature from the renter and the rental company. Repair of tire damage is generally a matter for the rental payer.

6. Liability of the driver for damage

The driver is liable to Nguyen y Weinrich S.L. from take over until delivery of the motorcycle or scooter, including slight negligence, with regard to loss (including the mislaying or confiscation of the motorcycle or scooter), and for all damage (such as accident or operational damage, damage as a consequence of improper treatment and damage that constitutes a reduction in value or parts of it) which goes beyond normal motorcycle or scooter use during the rental period. In case of damage to the rented motorcycle or scooter, the driver is liable for repair costs, recovery and return costs, technical expert costs, technical and commercial depreciation, loss of rental income during the repair period, or, in case of outright loss, during the period until replacement is rendered, actually incurred or established by way of expert appraisal. A daily charge is payable for each day lost of rental income. The driver retains the right to demonstrate a lower level of damage. The driver is furthermore liable for additionally borrowed accessories as helmets inclusive helmet shield, jackets, gloves, loss of vehicle registration papers, loss of vehicle keys etc.

7. Behavior in the event of accidents and other damage

For every occurrence of damage, including damage or accidents that occur without the involvement of a third party, the driver is obliged to inform Nguyen y Weinrich S.L. immediately by telephone. Towing and/or repair services should only be engaged after consultation with Nguyen y Weinrich S.L. In the event of an accident, the police must be called immediately in all cases. Evidence (witnesses, physical evidence, etc.) is to be secured, the personal data of the persons involved recorded and all other steps taken which can contribute to establish a proper and complete appraisal of the events leading up to the accident.
The driver is committed not to sign any confession statement or to perform any other actions (such as rendering payments or settlements) that could endanger the insurance cover.

8. Insurance cover

a) The motorcycle/ scooter has an all-inclusive liability insurance cover for personal, property and pecuniary damage. The insurance sum is 50 million Euros for third-party damage and for personal damage.

b) The driver is required to deposit the sum of 300, - Euro until 1.000,- Euro (depend on the model) in cash or by credit card upon take over of the motorcycle or scooter, as security. This will be returned in full as soon as the motorcycle or scooter is returned undamaged to Nguyen y Weinrich S.L. Every instance of damage to the motorcycle or scooter will be deducted from the security deposit.

Furthermore, the renter is expressly informed that he or she will still be liable for damage in the following cases, i.e. if he/ she or his/ her assistant:

a) Fails to comply with contractual obligations laid out in section 4.
b) Abandons an accident site without authority in the case of culpable accident.
c) Causes damage with intent or gross negligence.
d) Exceeds the agreed rental period in violation with the terms of the contract.

9. Handover and returning the motorcycle or scooter

The motorcycle or scooter is delivered with a full tank, clean, in perfect working order, and without discernible defects. The driver has to return the motorcycle or scooter with empty tank, but not on reserve at the end of the rental period at the agreed location and at the agreed date and time; complete with all motorcycle or scooter papers, keys, tools and accessories. All costs for replacement of lost tools, keys and/or papers must be paid by the driver. If the motorcycle or scooter is returned in a heavily soiled state, the driver will be required to pay the cost of cleaning the vehicle.

If the agreed return time is exceeded by more than two hours, the driver is obliged to pay a further day's rental charge in compensation. The driver retains the right to demonstrate that Nguyen y Weinrich S.L. has incurred either no or a significantly lower degree of damage from the excess rental period.

Nguyen y Weinrich S.L. may terminate the rental agreement without notice if important reasons arise that render a continuation of the rental agreement unreasonable. Examples of such important reasons would in particular be the rendering of false information by the renter regarding his/ her person or his/her creditworthiness, and the severe violation of contractual obligations. In the case of immediate termination of the agreement, the rented motorcycle or scooter has to be returned immediately, even if the regular rental period has not yet passed. This has no effect on any claims for compensation on the part of Nguyen y Weinrich S.L.

10. Cancellation Policy

Nguyen y Weinrich S.L. will not charge any fees for cancelation of bookings more than 30 days before arrival.

Cancellations up
to 30 days before departure ... 20%
from 29 days to 15 days before departure ......... 30%
from 14 days to 8 days before departure............ 50%
7 days to 1 day prior to departure...................... 80%
no-show ............................................................ 100%
of the total price will be due.

11. Final Provisions

No supplementary agreements or amendments to this rental agreement have been made. All contractual agreements must be in written form. This also applies to the lifting of this clause.

Should any provision in this contract be or become wholly or partly ineffective, this will not affect the validity of the remaining provisions. The contract parties undertake to substitute ineffective provisions with regulations that come as close as possible to the commercial purpose of the ineffective provision (Severability Clause).